Great Moments in Futility

Yesterday, Roger Clemens’ filed a motion asking the judge in the defamation action to reconsider his February 12th ruling which essentially gutted his case. As I sat here a few minutes ago reading about it, I realized that I couldn’t recall a single instance in my nearly 11-year legal career in which a motion for reconsideration was granted. So I walked down the hall and asked a more senior colleague of mine if he’s ever been party to or opposite of a successful motion for reconsideration. He too said that he couldn’t remember it ever working either.

So good luck with that, Rusty.


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Aaron Moreno
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Aaron Moreno

Yeah, but it’s good form to tell your client that you tried anyway. It’s boilerplate, like asking for additional damages “as the court sees fit.” How often will the judge give you more money just because you asked?

APBA Guy
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APBA Guy

Also, Rusty gets to add the motion to Roger’s tab.

Aarcraft
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Aarcraft

You gotta preserve the appeal.

Anthony
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Anthony

Kind of like asking a judge to nullify a jury’s guilty verdict. I did see that happen once on L&O;

Travis M. Nelson
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Travis M. Nelson

Reminds me of that scene in A Few Good Men:

“Your Honor, the defense *strenuously* objects…”

Oh, well, since you strenuously object, I’ll take a moment to reconsider. 

Or, you know, not.

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